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Don't Wait Up for the Biden Antitrust Revolution
We focus here on the order's recommendations to the Antitrust Division of the Department of Justice and the Federal Trade Commission in particular because the FTC has had a Biden-selected chair for a considerable time. The new head of the Antitrust Division, Jonathan Kanter, just arrived this November.Hold-Up and Injunctions in the Standard Setting Context: The Pendulum Swings Back
Historically, new presidents often appoint officials that make modest policy changes to antitrust enforcement. President Joe Biden's July 9 executive order on promoting competition in the American economy suggested that the changes coming to antitrust enforcement are far more than modest.Differences in state antitrust laws preclude uniform application of California's Cartwright Act to antitrust actions filed by consumers nationwide
After negotiations for a patent licensing agreement soured, appellant, HTC Corp., sued Ericcson alleging it breached their contractual obligations to offer a license on fair, reasonable, and non-discriminatory (FRAND) terms.
Hirer's alleged "negligent exercise" of retained control insufficient to support finding of liability under retained control exception to Privette
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Diversity-Related Shareholder Suits: What They Mean for ESG
Last summer, following a wave of protests and advocacy for social justice, hundreds of corporations released statements expressing their unwavering commitment to diversity, equity and inclusion.Mills, Ltd. Partnership v. Liberty Mutual Insurance Co.
Two recent decisions by Delaware courts demonstrate that they are increasing leaning toward the insured's position in disputes over directors and officers (D&O) insurance coverage. As a result, New York companies incorporated in Delaware should consider where to file lawsuits concerning D&O insurance disputes—in Delaware or New York.By Invoking NFLPA Regulations Parties Agreed to Arbitrate Issues of Arbitrability
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